Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Bahrain
As arbitration agreements under Bahraini law are separable from the contract in which they are contained, it is possible for the law of the arbitration agreement to differ from both the law of the seat and the governing law of the contract. The law of the arbitration agreement may be specified in the arbitration agreement or the contract in which the arbitration agreement is contained. If a disagreement between the parties occurs as to the law governing the arbitration agreement, the parties are obliged to seek a ruling from either the tribunal or the Bahraini Civil High Court.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Bahrain
The tribunal will uphold the parties’ agreement as to the substantive law of the dispute. Where the substantive law is unclear or the parties have not chosen the applicable law, the tribunal will apply the substantive law determined by the conflict of laws rules which it considers applicable.

The tribunal may decide ex aequo et bono or as amiable compositeur if the parties have expressly authorised it to do so.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys